PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

The Commission is considering a petition filed by Clean Path LLC and NYPA for waiver of certain provisions of 16 NYCRR regarding requirements for applications under PSL Article VII for Certificates of Environmental Compatibility and Public Need.

Public Service Commission Regulations 16 NYCRR section 86.3(a)(2) and (b)(2).

To consider a waiver of certain regulations relating to the content of an application for transmission line siting.

The Public Service Commission (Commission) is considering a motion filed by Clean Path LLC and New York Power Authority (Applicants) on October 11, 2022, seeking waiver of Commission regulations 16 NYCRR §§ 86.3(a)(2) and 86.3(b)(2), both of which pertain to mapping requirements of applications filed pursuant to Public Service Law (PSL) Article VII. On October 11, 2022, Applicants filed a PSL Article VII application with the Commission seeking a Certificate of Environmental Compatibility and Public Need to construct, operate, and maintain an approximately 178-mile-long, 1,300-megawatt (MW) High Voltage Direct Current (HVDC) subterranean and submarine transmission line. The transmission line will run from a point of interconnection (POI) located at the Fraser Substation in Delaware County to a POI located at the Rainey Substation in Queens.

The first provision that Applicants seek waiver of, 16 NYCRR § 86.3(a)(2), requires that Applicants submit detailed New York State Department of Transportation (NYSDOT) topographic maps at a scale of 1:250,000 showing: (i) the location, length and capacity of the proposed facility, and of any existing facility related to the proposed facility; (ii) the location and function of any structure to be built on, or adjacent to, the right-of-way; (iii) the location and designation of each point of connection between an existing and proposed facility; and (iv) nearby, crossing or connecting rights-of-way or facilities of other utilities. Applicants states that the specified maps are not available and requests Commission approval to provide, as an alternative to the required maps, 1:24,000 scale based on 1:24,000 NYSDOT maps, which will show the right-of-way of the proposed facility in conjunction with other components of the electric system and will provide the information required under 16 NYCRR § 86.3(a)(2)(i)-(iv) with a finer resolution than the required maps. Applicants also provide maps based on USGS topographic maps at a scale of 1:24,000 which show nearby crossing and connecting infrastructure facilities of existing utilities.

For its other waiver request, 16 NYCRR § 86.3(b)(2) requires that Applicants submit various aerial photographs of the project area that were taken within six months of the date its application is filed. Applicants request waiver of this temporal requirement and has confirmed that the field conditions shown in the aerial photographs taken in the spring of 2020 and 2021 and submitted with the application reflect current conditions of the area along the proposed project route.

The full text of the motion, the PSL Article VII application, and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]

60 days after publication of this notice.